News Archive 2008
News Archive 2008
These articles provide public health advocates and policymakers concise, up-to-date summaries of key legal developments affecting tobacco control in your communities.
July 1, 2008
Iowa Goes Smoke-free
Iowa’s Smokefree Air Act goes into effect today. Signed by Governor Culver on April 15, the law prohibits smoking in nearly all workplaces, including restaurants and bars, all public places and certain outdoor areas. Learn more about the Iowa Smokefree Air Act.
June 27, 2008
European regional WHO public health conference sets policy goals
This week, over 500 European ministers of health are holding a 2 ½ day conference to debate worldwide health issues, such as access to health care, transparent health financing and responsible public health spending. The participants are creating policy initiatives to encourage governments to be more accountable for the performance of their health systems. Find out more about the WHO public health conference.
June 26, 2008
New Zealand’s Public Health Bill addresses obesity
On Wednesday, June 25, a bill aimed at updating New Zealand’s public health laws, which are more than 50 years old, was reported back to Parliament. The Public Health Bill would enable the government to regulate a wide range of health issues, including rising obesity. Read more about New Zealand’s Public Health Bill.
June 25, 2008
British Columbia bans junk food vending in public places
On Tuesday, June 24, in an effort to reduce rising healthcare costs, the B.C. Ministry of Health approved a new policy, requiring food and drinks sold in vending machines in public buildings to meet nutritional guidelines. Public buildings include those that are owned or leased by the province, including hospitals, public universities and colleges, and Crown corporations. Read more about B.C.’s junk food vending policy.
June 24, 2008
U.K. smoke-free law linked to sharp decrease in heart attacks
Recent U.K. National Health Service figures show the number of heart attack cases have fallen by as much as 41 percent in the country since enactment of the law prohibiting smoking in public places. Drawing a connection between smokefree legislation and the decrease in heart attacks, the British Heart Foundation calls the smoking ban the "most significant public health initiative (in) this century". Read more about these U.K. health statistics.
June 20, 2008
Judge rejects challenge to Kansas City smoke-free law
A Jackson County judge denied a request for a preliminary injunction against Kansas City’s smoke-free law, sought by a group of area businesses, including restaurants, a bar, a tobacco shop and a bowling center. The group argued that the voter-approved citywide smoke-free law was unconstitutional. Read more about the Kansas City lawsuit.
June 17, 2008
Ontario bans smoking in cars with children inside
On Monday, June 16, Ontario’s legislature passed a bill that would prohibit smoking in cars with child passengers, pending royal assent. With comprehensive clean air legislation in effect since 2003, tobacco consumption in Ontario has fallen by more than 30 percent. Nova Scotia and British Columbia have already enacted similar legislation. Read more about Ontario’s smokefree car law.
June 13, 2008
FDA continues to investigate source of salmonella-tainted tomatoes
U.S. health officials have not yet located the source of the salmonella contamination that has caused illness in twenty-three states. The website www.fda.gov provides updated lists of safe regions for consumers. Read the latest about the salmonella outbreak.
June 11, 2008
Pennsylvania legislature passes comprehensive smoke-free bill
On June 10, the Pennsylvania Senate voted overwhelmingly to approve a bill that prohibits smoking in all public places including restaurants, hospitals, schools, sports facilities, and more. Governor Ed Rendell is expected to sign the legislation. Read more about Pennsylvania’s smokefree legislation.
June 9, 2008
U.S. Supreme Court grants review of Philip Morris v. Williams for third time
On June 9, the U.S. Supreme Court agreed to hear a Philip Morris USA appeal seeking to overturn a $79.5 million punitive damages award won by the widow of a longtime Oregon smoker who died of lung cancer. The Court’s earlier ruling set cigarette companies apart from other companies in not allowing enormous financial punishment for reprehensible corporate behavior. Read more about this Supreme Court ruling.
May 30, 2008
Exceptions to Omaha's smoking ban ruled unconstitutional
The Nebraska Supreme Court has ruled that the exemptions to Omaha’s smoke-free law for keno parlors and some bars are unconstitutional. The ruling will likely end the exceptions to the city ordinance even before a new statewide smoke-free law takes effect in June 2009.
» Read the Nebraska Supreme Court decision PDF, 106 Kb
May 28, 2008
WHO issues global public health strategies report
The World Health Organization’s commission on intellectual property rights, innovation and public health recently analyzed the global problem of inaccessibility of medical care for many of the world’s populations. Member States endorsed several strategies to improve access, including encouraging needs-driven research rather than market-driven research.
» Read more about the WHO global public health strategies report
May 27, 2008
Kansas City lawsuit challenges smoke-free ordinances
Nine bar and restaurant establishments sued the city government, arguing two recently adopted smoke-free ordinances, passed by a city council and voters, are unconstitutional. Read more about the Kansas City lawsuit.
May 23, 2008
Washington Post series examines childhood obesity
The Washington Post is currently running a five-part series entitled Young Lives at Risk: Our Overweight Children, searching for solutions. The series focuses on ways we are all responsible for the childhood obesity epidemic: parents, government, schools, communities, companies, the health system. Read the Washington Post’s childhood obesity articles.
May 16, 2008
Temporary injunction issued to Minnesota bar in ‘theater night’ hearing
On May 15, a Scott County District Court Judge found the smoking patrons at the bar’s ‘improvisational theatrical performances’ did not meet the criteria to qualify for an exemption from the statewide smokefree legislation passed in 2007. Read more about the ruling. Read the injunction. PDF, 519 Kb
May 1, 2008
Proposed Ontario law bans smoking in cars
This week, the Ontario government will introduce legislation banning smoking in cars when children are present. Several other Canadian provinces are already considering similar laws. Read about Ontario’s bill.
April 29, 2008
Nigerian health advocates unite to promote smokefree laws
Last week, a coalition of Non-Government Organisations held a press conference calling for the review of Nigerian tobacco control laws, focusing on the prevention of smoking among the nation’s youth. The announcement was made during on-going litigation that the federal and some state governments brought against tobacco companies. Read more about Nigeria’s smokefree campaign.
April 24, 2008
Atlantic City Casinos Go Smoke-free
Last night, the Atlantic City Council voted unanimously to require the gaming floors in all city casinos to be smoke-free by October 15. Patrons will still be able to light up in unstaffed smoking lounges set apart from the table games and slot machines. All of New Jersey’s 11 casinos are located in Atlantic City. Read about this smoke-free casino law.
April 22, 2008
2007 SLATI report is now available
Today, the American Lung Association released the 2007 edition of State Legislated Actions on Tobacco Issues (SLATI) report, a comprehensive summary of state tobacco control laws. The report documents current laws governing smoking restrictions, cigarette taxes, tobacco product distribution and advertising, and much more. Read the SLATI report.
April 14, 2008
Court Throws Out Cancer Victim’s Historic Damages Award Against Tobacco Companies
On Thursday, a New York appellate court reversed a 73-year-old lung cancer victim's $3.4 million compensatory damage award against two industry giants and threw out $17.1 million in punitive damages against Philip Morris USA. Read more about the Rose v. Brown & Williamson case.
April 10, 2008
Iowa Governor Expected to Sign Comprehensive Smoke-free Bill
On April 9, both chambers of the Iowa Legislature passed a bill that bans smoking throughout Iowa in 99 percent of workplaces and public places, including all bars and restaurants. Upon Governor Chet Culver’s signing of the bill, the law will take effect July 1. Read more about Iowa’s smoke-free bill.
March 24, 2008
Maggie Mahoney named "2008 Up & Coming Attorney"
Minnesota Lawyer has selected staff attorney Maggie Mahoney as one of its “2008 Up & Coming Attorneys.” This award is reserved for attorneys who have distinguished themselves during their first ten years in practice. Criteria for selection include leadership, professional accomplishment and service to the legal community. Honorees are selected based on nominations from law firms, legal associations, professional award recipients and other members of the state bar. Read more about the award.
March 21, 2008
Colorado Smoke-free Law Upheld
On March 20, 2008, the Colorado State Court of Appeals held that the Colorado state-wide smoke-free law is constitutional, despite the fact that it does not exempt indoor theatrical productions from its requirements. The Colorado law has also been upheld by a Federal Court of Appeals. Read the state court’s opinion. A New York Times article about this decision quotes Mike Freiberg, an attorney with the Tobacco Law Center. Read the article.
March 11, 2008
Ohio Smoke-free Law Upheld
A Hamilton County judge dismissed a constitutional challenge brought against Ohio's smoke-free law by bars and restaurants, rejecting arguments that the law is unconstitutionally vague and violates due process. Ohio’s smoke-free law is one of the strictest in the U.S., prohibiting smoking in nearly all indoor public places. Read more about the Ohio law.
March 7, 2008
Bars' ‘theater nights’ not exempt from statewide smoke-free law
The Minnesota Health Department announced Wednesday that it is prepared to punish bars that try to circumvent the state indoor smoking ban by using a theatrical production exemption. Read more about the announcement.
March 5, 2008
Uganda Appeals Court Dismisses Case Against Smoke-free Law
The Uganda Appeals Court has dismissed an appeal against a smoke-free law filed by former British American Tobacco Quality Controller Joseph Eryau. In 2001, Mr Eryau sued The Environmental Action Network, an organization that supports Uganda’s smoke-free law, arguing that the ban violated his constitutional rights as a smoker. Read more about this case.
February 29, 2008
Iowa Senate Passes Statewide Smoke-free Legislation
On February 27, the Iowa Senate passed a statewide bill (29-21) that would prohibit smoking in enclosed places of employment, including restaurants, bars, state veterans facilities, private veterans organizations, and outdoor entertainment venues, such as amphitheaters. The bill now goes before the Iowa House. Read more about Iowa’s smoke-free bill.
February 28, 2008
Mexico Passes National and Local Smoke-free Laws
On Tuesday, February 26, Mexico's Senate approved a nationwide smoke-free law. The federal law requires designated smoking areas for most public spaces and separate walled off rooms for smokers in restaurants and bars. Also Tuesday, Mexico City's legislative assembly passed a more comprehensive smoke-free law for any public space - including offices, malls, restaurants and bars. Read more about Mexico’s new smoke-free legislation.
February 27, 2008
Nebraska Governor Signs Statewide Smoke-free Law
On Tuesday, February 26, the governor of Nebraska signed a statewide smoke-free law that will go into effect in June 2009, prohibiting smoking in bars, restaurants and most other workplaces. Read more about Nebraska’s smoke-free law.
February 20, 2008
High Court Strikes Down Maine Law Regulating Online Cigarette Sales
The U.S. Supreme Court unanimously overturned a Maine law that regulates the delivery of tobacco products, which was written to guard against minors ordering cigarettes on the Internet. The Court held that state laws in this area are preempted by the federal laws controlling interstate trucking. In a concurring opinion urging Congress to remedy the regulatory gap the decision creates, Justice Ginsburg quoted from the Tobacco Control Legal Consortium’s amicus brief. Read the Rowe v. New Hampshire Motor Transport Assoc. opinion.
February 18 , 2008
Minnesota bar “theater” defies statewide smoke-free law
An exemption in Minnesota’s statewide smoke-free law has inspired tavern owners to put on theatrical performances, calling their customers actors so they can smoke cigarettes indoors with impunity. Designating bars as theatres may provide people with a chuckle, but as Tobacco Law Center Director Doug Blanke points out, “this is about health and secondhand smoke is a really serious thing.” Read more about the Minnesota bar “theater” performance.
February 12 , 2008
WHO releases report on global tobacco use and control efforts
The World Health Organization's report is the first comprehensive worldwide analysis of the tobacco epidemic. Read more about the WHO Report on the Global Tobacco Epidemic.
January 15, 2008
West Virginia Senate Considers Statewide Smoke-free Law
On Friday, January 11, 2008, two West Virginia Senators introduced Senate Bill 209, also called the Smoke Free West Virginia Act. As currently written, the bill would prohibit smoking in workplaces, including bars, restaurants, casinos and video game rooms throughout the state. Read more about this proposed West Virginia law.
January 14, 2008
10,000 or More Individual Suits Filed in Engle case Against Tobacco Manufacturers
Last Friday, January 11, 2008, marked the deadline for filing individual lawsuits in the wake of the Engel v. R.J. Reynolds class disbandment. In Engel, the U.S. Supreme Court held that all 700,000 members of the class in that case would have to file suit individually. Since then, attorneys and plaintiffs have been filing individual lawsuits across Florida. Although the number of lawsuits actually filed is not yet known, an estimated 10,000 lawsuits were filed by the Friday deadline. Read more.
January 11, 2008
Federal Government Fails Tobacco Control in 2007
The U.S. government received failing grades in the American Lung Association’s annual State of Tobacco Control Report. The 2007 Report tracks progress on key tobacco control policies and assigns grades to tobacco control laws as of January 1, 2008. Read more about this tobacco control report.
January 10, 2008
Virginia Governor Takes Lead on Indoor Smoking Prohibition
On Monday, January 7, 2008, Virginia Governor Tim Kaine called for a statewide prohibition on smoking in restaurants. This proposal revives a debate about smoke-free laws in the midst of tobacco country, and marks the first time Governor Kaine has taken the lead on the issue. Read more about this smoke-free debate.
January 9, 2008
California’s "Smoke-Free Cars With Minors Law” Takes Effect
On January 1, 2008, California’s Smoke-Free Cars with Minors law took effect. Under this law, if a driver is stopped by police for any reason and is found to be smoking in a car while a minor is present, the driver can be fined up to $100. Read more about California’s new smoke-free vehicles law.
January 8, 2008
South Carolina Supreme Court to Hear Arguments on Greenville's Smoke-free Ordinance
On Wednesday, January 9, the South Carolina Supreme Court will hear arguments on whether Greenville’s indoor smoke-free ordinance is preempted by state law. Greenville’s smoke-free ordinance was struck down by a lower court, which is in conflict with another lower court’s dismissal of a similar complaint in Sullivan’s Island. The South Carolina Supreme Court’s decision could affect smoke-free laws in at least ten other cities in the state. Read more about the arguments.
January 7, 2008
Illinois Goes Smoke-Free
On January 1, 2008, the Smoke-Free Illinois Act took effect. The act prohibits smoking in nearly all public places and indoor workplaces, including bars and restaurants. Read more about this Illinois smoke-free law.
January 1, 2008
American Lung Association releases 2007 report
The American Lung Association State of Tobacco Control 2007 report tracks progress on key tobacco control policies at the state and federal level and assigns grades to tobacco control laws and regulations enacted as of January 1, 2008. View the State of Tobacco Control 2007 website.